Chris83

Hi everyone,

First off, what a great site and resource - I've lurked for a while but not yet posted! It never ceases to amaze me how total strangers can be so helpful to others on sites like these.

Anyway, the reason I am writing today is that I am on the verge of submitting my Green Card (via marriage to a USC) documentation.

To give you some background, I am a British citizen who has lived in NYC for the last 5 years (this stint) and recently married my long-term USC girlfriend (now my wife).

We are expecting a baby in October and are keen to get all our immigration paperwork squared away! To that end, we have compiled the following list of documents that we believe will need for the process. This information has been collated via friends who undergone the same process, the USCIS website and various posts on here.

Whilst I am not expecting any legally binding advice (and have spent much time preparing already) I would be massively appreciative if someone with a few spare moments and the right knowledge could scan through to see if I have missed anything.

Thank you so much in advance for any help!

Overall Package (All With Appropriate Supporting Documentation)

1. G-1145 - E-Notification of Application/Petition Acceptance
2. I-130 - Petition for Alien Relative
3. I-485 - Application to Register Permanent Residence or Adjust Status
4. I-864 - Affidavit of Support Under Section 213A of the Act
5. I-765 - Application for Employment Authorization

G-1145 Form

I-130 Form Contents:

• I-130 Form (Filled in by my USC wife)
• Check for $420.00
• Petitioner’s G-325-A
• Beneficiary’s G-325-A
• Copy of petitioner’s birth certificate
• Copy of marriage certificate
• Copy of shared apartment lease document
• Copy of joint bank account statement

I-485 Form Contents:

• I-485 Form
• G-1145 Form
• Two photographs of Beneficiary/Applicant (Me)
• Check for $1070.00
• Beneficiary’s G-325-A form
• Colour photocopy of beneficiary’s birth certificate
• Colour photocopy of current H-1B Visa
• Colour photocopy of previous H-1B Visa
• Colour photocopy of previous J-1 Visa
• Copy of I-94
• I-693 Medical Form in sealed envelope

I-765 Form Contents:

• I-765 Form
• Two photographs of Beneficiary/Applicant (Me)
• Colour Photocopy of current H-1B Visa
• Colour Photocopy of previous H-1B Visa
• Colour Photocopy of previous J-1 Visa
• Copy of current I-94

I-184 Form Contents:

• I-864 Form (Undertaken by Sponsor - My Wife)
• Sponsor’s tax return forms from 2011, 2012 and 2013
• Sponsor’s last four paystubs

Questions:

• I am NOT including an I-131 Form (Application For Travel) as I have an active H-1b visa in passport until October 20th 2014. I am 99% sure this is fine, but confirming as will need to travel for business and pleasure up until around the end of June.
• Will photocopies of documents suffice or do i need everything certified? Looking at this page: http://www.uscis.gov/forms/forms-and...ations-mailing I think we’re fine with just copies but wanted to ask anyway in case i am losing the plot!

Noorah101

Hi and welcome to BE. :-)

I believe if you are still working for your H1B employer, you can use that visa for travel...but if you change employers and use your EAD, you need AP to travel. Or, if you use your EAD with your current employer.

Forms must be originals. Backup docs are photocopies.

Rene

ian-mstm

Yes, you can use your H-1B for travel until it expires. However, if your green card is delayed for some reason and you suddenly have a need to travel (not for work, specifically, but perhaps a family member at home becomes gravely ill), then you'll be stuck trying to scramble for a way to leave and return. We have seen this happen over and over again... and it's very sad - because the solution is so simple! The cost for the I-131 is included in the I-485 anyway, so there's no extra cost... and it brings with it a tremendous peace of mind should you find yourself in a difficult situation at home. File the I-131; you won't regret the decision.

Ian

Chris83

Thank Ian and Noorah for the feedback - very helpful!

The only thing that is slightly confusing me is the impact of filing I-765 and I-131 on my ability to travel.

To recap,

- I have an H-1B in my passport that expires Oct 20th 2014
- I have no intention of leaving my current job at the moment and (knock on wood) I won't be losing it any time soon.
- Technically I could apply for one more year on that H-1B via work (up to Oct 2015) but I don't want to do that as I don't want to be tied to the job - especially with a little one on the way I want flexibility.
- I have a very good friend's wedding in June in the UK that we have already bought flights for.

With all of the above in mind, is there a downside to me filing I-765 and I-131 that could render my H-1b redundant and stop me traveling freely up until October?

Noorah, would I only use my EAD with my current employer if I work for them beyond October 20th? If so, and my green card is approved by then, would there be any issue with travel at that point?

Sorry if I am being slow, just a little confused by the permutations!

Thanks again in advance!

Vimto

Having gone thru the same process late last year I would agree with getting your I-131 EAD in the package too, my total time from receipt to green card interview would have taken 6 months (we had a snowstorm in Atlanta which delayed the interview by 6 weeks) so you may be cutting it fine before your H1 expires in October.
Your EAD allows you to continue employment and travel for 12 months after it is issued so as good as an extra year on a new H1

Noorah101

There is no down aside in applying, no. You might need it, there's no charge; I would do it, if I were you. Better safe than sorry.

Rene

Jerni

In my opinion your application is lacking a bit on the proof of bona fide marriage. Reading your list it seems you are only including your lease contract and bank statements. Those a good forms of primary evidence but I would suggest including more.

How about joint health insurance, beneficiary information for 401k/investments, emergency contact information from work, copies of wedding photos, copies of driver licenses showing the same address, sworn affidavits from family/friends.

Chris83

Thanks Jerni - My wife is on my health insurance so will include that information along with wedding photos and copies of driving licenses!

Thanks again Noorah and Vimto. One more question, would an EAD only void the H-1b if I use it for a new job?

Jerni

For the photos I created pages in Word with 2 photos per page. Under each photo I put the date, names and location where the photo was taken.

Also if you have any documents from trips you've taken together over the years those a good too (airline tickets, hotel reservations with your names on there)

On the advise of our lawyer we made sure every evidence base was covered in the application we submitted. The result for us was that our interview was extremely quick and simple, lasting less than 5 minutes.

Vimto

The EAD would only void your current H1 if you change employer while it is still valid, if you continue with the same employer a copy of the EAD should be enough proof that you can continue working for them after the H1 expires and should be treated as if your employment with them is continuous. For a potential new employer it would serve as a temporary green card until after the adjudicated interview.
BTW as you will have been married for less than 2 years at the time of your green card interview you will get a 2 year conditional green card, I was lucky being married for 9 years already mine is a full 10 year card.

Noorah101

I'm going to disagree with Jerni here. I don't think you need to submit all that. All of that is what you will bring to your AOS interview when the time comes.

I'm not even sure you need to send ANY evidence of your joint life together when submitting an AOS package (if submitting a stand-alone I-130, yes). But, just to be sure, go ahead and send what you originally had in mind, but I wouldn't send all these other things. Instead, bring those to the AOS interview. That is where they will expect to see evidence of your joint life together.

Rene

Noorah101

It's not the EAD that voids the H1B if he changes employers. It's the fact that he changed employers.

The EAD never serves as a temporary green card. The EAD is only ever an Employment Authorization Document.

Rene

technolog

I've not read your post (I'm at work in ninja mode) but just needed to let you know that your formatting made me swoon.

Move over BunnyGirl, there's a new sheriff in town.

BunnyGirl

<ninja mode on>

That made me burst out laughing at my desk!

Must try harder *cracks knuckles, flexes muscles*

</ninja mode off>

ian-mstm

You seem to think there's some correlation between the I-765/I-131 and your current H-1B. There isn't. Quite simply, there is no interaction between them.

Your H-1B is valid until it isn't... whether or not you have an EAD or Advance Parole. However, if you leave your H-1B sponsor or if your H-1B expires and you continue working for the same sponsor using your EAD as proof of employment authorization, you must thereafter use Advance Parole to travel - until such time as your I-485 is approved and you get a green card.

There is no downside whatsoever to filing the I-131. Do it!

Ian